Exemplification Essay: Final Restraining Orders In Court

Improved Essays
here's nothing worse that paying good money to a bad attorney. Quite often, you wind up losing your case and you are still out all of the money you paid. You could have lost on your own, for free! It can also be a waste of money to get multiple attorneys to handle the different aspects of your case. Besides wasting money, you could be giving up important rights if your attorney cannot handle them properly when they arise. While there are a number of things to look for when choosing the right attorney, I have focused on three of the most important keys to victory.

Please be advised that this article is specific to New Jersey which has one of the toughest set of Domestic Violence laws. For example, final restraining orders (FRO) in New Jersey do no expire, unlike other states. Thus, the word final really means final. An FRO will only be dismissed upon application by either party. If no one files a motion, it
…show more content…
Instead, its a 50/50 hybrid of the two. Thus, in my opinion, if you only have an attorney that handles one of those areas of the law, you only have half an attorney. Quite often, restraining orders in New Jersey are accompanied by both a criminal complaint as well as a divorce complaint or some other family court action. The restraining order case will almost always be heard first. The right moves in that case will likely impact the other cases.

I have seen criminal defense attorneys explain to the court that they are really not in a position to deal with the custody, visitation and child support issues because the client has another attorney for those issues and the attorney handling the restraining order case is clueless when it comes to those issues. Sometimes, the family court issues can be an integral part of settling or winning the case but if your attorney cannot address these issues, you are seriously prejudicing all of your

Related Documents

  • Decent Essays

    Elridge V.: Case Study

    • 160 Words
    • 1 Pages

    The Elbridge’s divorced in 2010 and Mrs. Gwen Eldridge was awarded custody of their two minor children. Mr. Eldridge was ordered to make child support payments of $700 per month. He lost his job as an electrician in January of 2011 and was unemployed from that date through October of 2011. Upon which Mr. Eldridge received a job in his field as an electrician. Unfortunately, Mr. Eldridge did not make child support payments for the 10 months that he was unemployed.…

    • 160 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    To: Supervising Attorney From: Heather Wells, Student Date: January 31, 2016 Case: Arturo Garcia v Mary Chavez Re: Child support modification Statement of Assignment: I have been asked to prepare a memorandum for you regarding the following questions a. “Was it permissible for Ms. Chavez to unilaterally reduce support when the oldest child reached the age of majority?” b. “What is the likelihood of the court granting a modification of child support due to Ms. Chavez’s change of occupation? Issue: Under Statutory Laws: a. “NMSA § 28-6-1 (Repl.…

    • 595 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    State V. Evans Case Study

    • 774 Words
    • 4 Pages

    Evans was convicted of and the details of the statue to determine is the criminal conviction was unconstitutional (Brody and Acker, 2010). The court looked at the aspects of the statue such as the its requirement of placing a reasonable person in fear of bodily injury or greater fear (Brody and Acker, 2010). The court showed that in this case that the victim and the prosecution could show that Mr. Evans conduct supported the criminal conviction. The court up held the criminal conviction given to Mr. Evans for stalking Ms. Arnold, and making him serve the balance of the criminal…

    • 774 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    In the United States, the criminal justice system follows two unique diverse models that protect the people. One of these models is the Due Process Model and in this model, the rights of the defendant are equally and fairly treated. Which this process being the main objective of this clause. The second model is the Crime Control Model and in this model strict punishments to the defendant committing the crime be forced but also protecting the individual 's rights as well. Both these models have a different method in which they protect the individuals but have a similar focus.…

    • 1518 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Anagnostou v. Anagnostou Case No. 2017-017244 FC 12 Husband’s Answer to Wife’s Amended Verified Counter- Petition for Dissolution of Marriage IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA IN RE: THE MARRIAGE OF: FAMILY DIVISION CASE NO. 2017-017244 FC 12 GEORGE ANAGNOSTOU, Husband, And, KATE LEANN ANAGNOSTOU, Wife.…

    • 4573 Words
    • 19 Pages
    Great Essays
  • Decent Essays

    There are a lot of things about qualifications that you need to think about as well but the main one is that the attorney has won a case that is similar to yours. Hiring the wrong attorney is like guaranteeing that you are not going to be successful. Also make sure that you are finding an attorney that is going to win over everyone. It is important that people believe your attorney. Plus you need to make sure that you are not going to be punished because of your attorney.…

    • 518 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Public defenders are usually overworked and unpaid as they are dealing with a multitude of cases at one time, A panel program systems brings the problem of attorney selection. The judge usually makes the attorney assignment which may affect the independence of the attorney who depends on the selection from the judge for his or her source of income. Although preferred the contract system because it is easier to administer but it also gives judges implicit power over…

    • 1104 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Not only will this be a burden for you, but it will also be a huge burden for the defense attorney because they now have to face whether or not to break that lawyer-client privilege. Therefore, a defense attorney’s duties are looked at, especially lawyer-client privilege in terms of the client’s best interest, the harm of third parties, and possibility of a client’s ongoing criminal activity. Duties of the Defense Attorney First, there are the duties of the defense attorney. A defense attorney is presented to the client to serve as a counselor…

    • 3179 Words
    • 13 Pages
    Superior Essays
  • Improved Essays

    Phenomenon Of Stalking

    • 799 Words
    • 4 Pages

    As mental health and forensic experts continue to study the phenomenon of stalking, we will begin to get a better picture of just what prompts stalkers to engage in their campaigns of harassment, terror, and violence. Gregor Krause, Stalking: The Crime of the Nineties, Albuquerque Mag. , Jan. 1993, at p. 26. The assessment, investigation, prosecution, and defense of stalking cases is a most complex and challenging process. Often, victims suffer a host of indignities before, during, and after law enforcement intervention.…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    When someone wants to make life more difficult for you, they may be falsifying information to receive a restraining order. This is much easier than it sounds, since a temporary restraining order can be issued by a court without holding an initial hearing about it. When you are eventually brought…

    • 412 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    William Morgan EN100-27 October 9th, 2015 Dr. Bloom Just Justice: Is a fair trial really fair? In the article, 5 Ways America's Justice System is designed to Screw You posted to Cracked.com on January 28, 2015, by Talia Jane states that there are several ways that the American justice system is set up to fail you. Ms. Jane, a professional writer along with an anonymous expert source, that she claims is a former public defender who wished to go unnamed, says that without proper representation the cards are stacked against the unfortunate person that can’t afford such representation. In this essay, we’ll go over those 5 reasons and determine how valid they are.…

    • 787 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Sixth Amendment simply ensured that the defendant in a federal criminal case who could afford to hire counsel would be entitled to appear through a lawyer, rather than being forced to defend himself. The U.S Supreme Courts and the State Supreme Courts came to an agreement that the government should provide lawyer to the vast majority of criminal defendants who cannot afford to hire a lawyer. According to Worrall the United State V. Wade (388 U.S.2189 (1967)) “The presence of counsel is necessary to preserve the defendant’s basic right to a fair trial”.…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Sixth Amendment Rights

    • 1333 Words
    • 6 Pages

    The right to counsel is something that a defendant should be allowed as our Sixth Amendment right states. Having this right, give the defendant their own choice as to who can represent them, when they are paying for it on their own accord. The Sixth Amendment rights state, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. ”(Book).…

    • 1333 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    The victim of the offense was less than eighteen at any during the offender’s course of conduct, with the offender also been five or more years older than the victim. They are also in violation if they have previously been convicted of stalking with seven years of the current incident. An individual is in violation of the aggravated stalking statute if they make credible threats to the victim, victim’s child, sibling, spouse, parent, and dependants. With the intentions to pace anyone of this person in reasonable fear of death or bodily injury. The offender cannot at the time of the offense be prohibited from making contact with the victim under a restraining order or injunction for protection, the order of protection or court imposed prohibition of…

    • 1401 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Criminal defense attorneys are skilled professionals who have experience defending their clients against serious felony or misdemeanor criminal charges. The best criminal defense professionals have completed years of education in the law and criminal defense fields and they have hundreds of hours of real-world courtroom experience facing aggressive prosecutors. When faced with a criminal complaint, the defendant must know how to find the best defense team available in order to increase their odds of an acquittal, favorable plea bargain or 'not guilty' verdict. According to Oklahoma criminal defense lawyer Tommy Adler, his goal within the courtroom is always to present his client as more than just the charges facing him and to convince the…

    • 568 Words
    • 3 Pages
    Improved Essays